SB 983 
.MB fl5 
1900 
Copy 1 



MICHIGAN LAWS 



FOR THE PROTECTION 



ORCHARDS AND VINEYARDS 



COMPILED BY 

JUSTUS S. STEARNS 

SECRETARY OF STATE 



LANSING, MICHIGAN 
ROBERT SMITH PRINTING Ca, STATE PRINTERS AND BINDERS 

1900. 



m 



MICHIGAN LAWS 



FOR THE PROTECTION 



ORCHARDS AND VINEYARDS 



COMPILED BY 



JUSTUS S. STEARNS 



SECRETARY OF STATE 



LANSING, MICHIGAN 
ROBERT SMITH PRINTING CO., STATE PRINTERS AND BINDERS 

1900. 



By trqncfer 

ml 1 1910 



(A 



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^C\' 



PROTECTION OF ORCHARDS AND VINEYARDS. 



An Act to prevent the spread of the contagious diseases known as 
YELLOWS, BLACK KNOT, PEACH ROSETTE, LITTLE PEACH 
AND PEAR BLIGHT among peach, plum, cherry, prune, almond, 
apricot, nectarine and pear trees or the fruit thereof by providing 
measures for the eradication of the same, and to repeal act number one 
hundred twelve of the public acts of eighteen hundred ninety-three, 
approved May twenty-fifth, eighteen hundred ninety-three. 

[Act 109 P. A. 1895.] 

The People of the ^^tate of Michigan enact: 

(5681.) Section 1. That it shall be unlawful for any person Unlawful to 
to keep any peach, almond, apricot, plum, prune, cherry, infe^t/dwuh 
nectarine or pear tree infected with the contagious diseases d?°eas^eT^ 
known as yellows, black knot, peach rosette, little peach or 
pear blight, or to offer for sale or shipment, or to sell or to ship 
any of the fruit thereof, except the fruit of the plum, cherry 
and pear tree; that both tree and fruit so infected shall be sub- Tree and fmit 
ject to destruction as public nuisances, as hereinafter provided, dest^ruction. 
No damages shall be awarded in any court in the State for 
entering upon the premises and destroying such diseased trees, 
or parts of trees, or fruit, if done in accordance with the pro- 
visions of this act. It shall be the duty of every person, as Duty of persons 

,, n ,-, -j-'j^'ij' • owning infected 

soon as he becomes aware of the existence of such disease m trees. 
any tree, parts of trees or fruit owned by him, to forthwith de- 
stroy or cause said trees or fruit to be destroyed. 

Title and section amended, 1899, Act 100. p. 143. 

For former acts, see local Act 379 of 1875, p. 726; Act -32 of 1879, p. 27; Act 
174 of 1881, p. 210; Act 158 of 1891, p. 199; Act 112 of 1893, p. 152. 



(5682) Sec. 2. In anv township or citv in this state in Appointment of 

-..,,' . . t' -J • ■ 1 • 1 XI • ^A commissioners. 

which such contagious diseases exist or m which there is good 
reason to believe they exist or danger may be justly appre- 
hended of their introduction, it shall be the duty of the town- 
ship board, or city council as soon as such information becomes _ 
known to either such board or council, or any member thereof, 
to appoint forthwith three competent freeholders of said town- 
ship or city, as commissioners, to be known as yellows commis- 
sioners, who shall hold office during the pleasure of said board, 
or city council, and such order of appointment and of revoca- 
tion shall be entered at large upon the township or city records: 
Provided, That the commissioners now appointed and in office Proviso as to 
shall continue in said office until their successors are appointed mis^foner"' 
and qualified: Provided, That in case commissioners have 
already been appointed to prevent the spreading of bush, vine 



LAWS FOR THE PROTECTION OF 



To file accept- 
ance with clerk 
of township. 



Keep record of 
proceedings. 



Duty of com- 
missioners in 
regard to 
contagious 
diseases. 



Notice, what 
to state. 



and fruit tree pests, such commissioners shall be ex officio 
commissioners under this act. 

(5683) Sec. 3. It shall be the duty of said commissioners, 
within ten days after appointment as aforesaid, to file their 
acceptances of the same with the clerk of said township, or 
city, and said clerk shall be ex officio clerk of said board of 
commissioners and he shall keep a correct record of the pro- 
ceedings of said board in a book to be provided for the purpose, 
and shall file and preserve all papers pertaining to the duties 
and actions of said commissioners, or either of them, which 
shall be a part of the records of said township or city. 

(5684) Sec. 4. It shall be the duty of the commissioners, or 
any one of them, upon, or without complaint, whenever it comes 
to their notice that either of the diseases known as yellows, 
black knot, peach rosette or pear blight exist, or are supposed 
to exist within the limits of their township, village or city, to 
proceed without delay to examine the tree or fruit supposed to 
be infected, and if the disease is found to exist, a distinguishing 
mark shall be placed upon the diseased trees, and the owners 
notified personally, or by a written notice left at his usual place 
of residence, or if the owner be a non-resident, by leaving the 
notice with the person in charge of the trees or fruit, or the 
person in whose possession said trees or fruit may be. The 
notice shall contain a simple statement of the facts as found 
to exist, with an order to eifectually uproot and destroy, by 
fire, or as the commissioner shall order, the trees so marked or 
designated, or such parts thereof, within five days, Sundays 
excepted, from the date of the service of the notice, and in case 
of fruit so infected, such notice shall require the person in 
whose possession or control it is found to in^mediately destroy 
the same, or cause it to be done, or the commissioner may 
destroy the same. Said notice and order to be signed by one or 
more of the commissioners. 

(5685) Sec. 5. In case any person who is interested in any 
tree or trees so ordered to be destroyed shall feel aggrieved by 
such order and shall believe that such trees are not so diseased, 
he may serve a written notice upon all of the commissioners in 
the township in which such trees are situated, which notice 
shall specify the part of such order to which objection is made 
and the particular tree or trees included in such order which 
it is claimed are not so diseased and shall request an examina- 
tion of such tree or trees by all of said commissioners, which 
notice shall be served personally upon each of said commission- 
ers within the five days given for the destruction of said trees 
and it shall thereupon be the duty of all of said commissioners 
who have not already done so to personally examine such tree 
or trees as soon as practicable, and within said five days, and 
if a majority of all the commissioners shall agree that such 
tree or trees are so diseased, they shall order the same to be 
destroyed forthwith by the owner or custodian thereof, but if 
a majority shall decide that such tree or trees, or any of them. 



In case person 
interested to 
serve written 
notice on com- 
missioners that 
trees are not 
diseased. 



May request 
commissioners 
to examine 
trees. 



ORCHARDS AND VINEYARDS 



are not so diseased, tliey shall revoke the order of the coin- whencommis- 
missioner to destroy the same so far as it relates to the trees ^vXe oTde^r for 
so found to be free from disease, but this section shall not apply tjeg*s"°"°'' °* 
to fruit ordered to be destroyed. 

(5686) Sec. 6. Whenever any person shall refuse or neglect Commissioner 
to comply with the order to remove and destroy the trees or inclrTailfcIse^s! 
parts of trees so designated and marked by the commissioner as 
aforesaid, it shall become the duty of the commissioner to 

cause said trees or parts of trees to be removed and destroyed 
forthwith, employing all necessary aid for that purpose. The 
expenses for such removal and destruction of trees or parts of Expense, how 
trees to be a charge against the township or city, and for the '^^^''^y^'^- 
purpose of such removal [and] or destruction, the said commis- 
sioners, their agents and workmen, shall have the right and 
power to enter upon any and all premises within their town- 
ship or city. 

(5687) Sec. 7. If any owner neglects to uproot and destroy Refusal of 
or cause to be removed and destroyed as aforesaid, such dis- r^ove trees 
eased trees, or parts of trees or fruit, after such examination a misdemeanor, 
and notification, and within the time hereinbefore specified, or 

any other person who shall sell or offer for sale such diseased 
fruit, such person shall be deemed guilty of a misdemeanor, and 
punished by a fine not exceeding one hundred dollars or by im- Penalty, 
prisonment in the county jail not exceeding three months, or 
both, in the discretion of the court, and any justice of 
the peace of the township or city where such trees may be, or 
where such nursery stock or fruit is sold, shipped, disposed of, 
or delivered as aforesaid, shall have jurisdiction thereof. The 
words "parts of trees," wherever used in this act, shall refer 
to black knot and pear blight only, and not to trees affected 
with yellows. 

(5688) Sec. 8. The commissioners shall be allowed for ser- ^°™^°ig*'°'^ 
vices under this act, two dollars for each full day, and one sioners. 
dollar for each half day and their other charges and disburse- 
ments hereunder, to be audited as well as any other charges and charges, how 
disbursements under this act, by the township board or city *" ' ® • 
council, all of which costs, charges, expenses and disburse- 
ments, shall be certified by the commissioners to the super- 
visor or city council on the first day of October of each year. 

Said certificate shall describe the lands on which such dis- 
eased trees stood, and the expense incurred in removing the 
same. The amount so certified shall be levied by the super- supervisors to 
visor upon the premises described in said certificate, the owners to^removl^or' 
or occupants of which having refused to remove and destroy ^^e^troy. 
said diseased trees as required in this act. The amounts so collection of. 
levied shall be collected in the same manner as delinquent 
highway taxes are collected, and shall be paid into, and belong 
to the general fund of the township or city as the case may be. 

Am. 1897, Act 110. Sec. 9 repeals Act 112 of 1893. 



LAWS FOR THE PROTECTION OF 



Duty of owner, 
etc., to spray 
fruit trees, etc. 



Proviso. 
Proviso. 



Duty of town- 
ship board to 
appoint com- 
missioners, 
when. 



Proviso. 



Duty of com- 
missioners. 



An Act to prevent the spreading of BUSH, VINE AND FRUIT TREE 
PESTS, such as canker worms and other insects, and fungus and con- 
tagious diseases, and to provide for their extirpation. 

[Act lOS P. A. 1893.] 

The People of the State of Michigan enact: 

(5689) Section 1. That it shall be the duty of every owner, 
possessor, or occupier of an orchard, nursery or vineyard, or of 
land where fruit trees or vines are grown within this state, to 
spray with a poisonous solution or disinfectant, and of sufficient 
strength to destroy such injurious insects or contagious dis- 
ease, all fruit trees or vines grown on such lands which may 
be infected with any injurious insect or worms, or infected with 
any contagious disease known to be injurious to fruit or fruit 
trees or vines: Provided, That if such trees and vines are 
infested with the San Jose or other scale insects, such trees or 
vines shall be either effectually sprayed or destroyed: Pro- 
viled also, That no such spraying shall be done while said 
fruit trees or vines are in blossom, except in case of canker 
worm. 

Am. 1897, Act 2, p. 5. 

(5690) Sec. 2. In any township in this state where such 
injurious insects or contagious diseases are known to exist, or 
in which there is good reason to believe they exist, or danger 
may be justly apprehended of their introduction, it shall be the 
duty of the township board, upon the petition of at least ten 
freeholders of such township, to appoint forthwith three 
competent freeholders of said township as commissioners, who 
shall hold office during the pleasure of the board, and such 
order of appointment and of revocation shall be entered at large 
upon the township record: Provided, That in townships having 
a board of yellows commissioners, such commissioners shall be 
ex officio commissioners under this act. 

Am. Id. 

(5691) Sec. 3. It shall be the duty of said commissioners 
within ten days after appointment as aforesaid, to file their 
acceptance of the same with the clerk of said township, and 
said clerk shall be ex officio clerk of said board of commission- 
ers, and he shall keep a correct record of the proceedings of 
said board in a book to be provided for that purpose, and shall 
file and preserve all papers pertaining to the duties and actions 
of said commissioners, or either of them, which shall be a part 
of the records of said townships. 

Am. Id. 



Commissioners (5692) Sec. 4. It shall be the duty of said commissioners 
witSc^om- or any one of them, upon or without complaint, whenever it 
plaint. comes to their notice, that anv orchard, fruit trees or vines are 



ORCHARDS AND VINEYARDS 



infested with canker worm or other injurious insects or con- 
tagious disease, within their townships, to proceed without 
delay to examine such orchards or vineyards, supposed to be 
infested, and if such injurious insects or contagious diseases 
are found to exist, the owner shall be notified personally, or by a 
written notice left at his usual place of residence, or if the Notice to 
owner be a non-resident, by leaving the notice with the person 
in charge of the trees or vines, or the occupant of the lands 
upon which such trees or vines shall be growing. The notice 
shall contain a simple statement of the facts as found to exist 
with an order to effectually destroy such injurious insects or 
worms or contagious disease by spraying such trees or vines 
with a poisonous solution, or in case of contagious disease to 
effectually disinfect said diseased trees or vines, or in case of 
San Jose or other scale insect to eft'ectually spray or destroy 
such infested trees, within such time from the date of the ser- 
vice of the notice as such commissioners shall designate, »aid 
notice and order to be signed by the full board of com- 
missioners. 

Am. Id. 

(5693) Sec. 5. Whenever any person shall refuse or neglect owner neg- 
to comply with the order to spray or disinfect the orchards or spray.^*" 
vineyards designated by the commissioners, as aforesaid, or in 

case of San Jose or other scale insects to effectually spray or 
destroy such infested trees, it shall become the duty of the com- 
missioners to cause said trees or vines to be effectually sprayed 
with a poisonous solution or disinfected as occasion should re- 
quire, or in case of San Jose or other scale insect, to effectually 
spray or destroy such infested trees forthwith, employing all 
necessary aid for that purpose, and the expenses for the same 
shall be a charge against the township, and for said spraying, 
disinfecting or destroying, the said commissioners, their agents 
or workmen, shall have the right and power to enter upon any 
and all premises within their township. 

Am. Id. 

(5694) Sec. 6. If any owner, township officer or commis- Penalty for 
sioner neglects or refuses to comply with the requirements of ''^^^^°'- 
this law, as set forth in the preceding sections, and within the 

time therein specified, such person shall be deemed guilty of a 
misdemeanor, and punished by fine, not exceeding fifty dollars, 
or imprisonment in the county jail not exceeding sixty days, or 
by both such fine and imprisonment in the discretion of the 
court, and any justice of the peace of the township where such 
trees or vines may be growing shall have jurisdiction thereof. 

Am. Id. 



(5695) Sec. 7. The several commissioners shall be allowed compensation 
for service under this act, two dollars for each full day, and sioneT''" 
one dollar for each half day, and their other charges and dis- 



LAWS FOR THE PROTECTION OF 



bnrsements hereunder to be audited, as well as any other 
charges and disbursements under this act by the township 
board, all of which costs, charges, expense and disbursements 
shall be recovered by the township from the owner of said in- 
fected or infested orchards or vineyards, or from the owner of 
the premises on which said trees or vines may be growing, in 
an action of assumpsit. The provisions of this act shall not 
apply to the contagious disease known as yellows. 

Am. Id. 



An Act to prevent the introduction or spread of SAN JOSE SCALE 
OR OTHER INJURIOUS INSECTS OR INFECTIOUS DISEASES 
of trees, vines, shriibs or plants gro-wn in this State or imported from 
other states, provinces or countries. 

[Act 137, P. A. 1S97.] 



The People of the State of Michigan enact: 



Board of agri- 
culture to ap- 
point inspectors 
of nurseries and 
orchards. 



Term of office, 
duties. 



Owners of 
nurseries, etc., 
to destroy in- 
sects or dis- 
eases in trees. 

Not to ship nor 
deliver trees 
infected. 



(5696) Section 1. That it shall be the duty of the state 
board of agriculture, immediately upon the taking effect of 
this act, to appoint some competent person who shall be known 
as state inspector of nurseries and orchards, who shall hold 
office daring the pleasure of said board, whose duty shall be 
to inspect any and all nurseries in the state of Michigan, as to 
Avhether they are infected by San Jose scale or other injurious 
or destructive insects or infected with infectious on contagious 
diseases, and if upon such inspection he find no such dangerous 
insects or diseases, he shall upon payment of per diem fee 
hereinafter provided, give to the owner of such nurseries a 
certificate to that effect, and shall file a duplicate certificate 
with the state board of agriculture; and in case he shall find 
present in any such nursery any of said dangerous insects or 
diseases, he shall notify the owner thereof in writing, and shall 
direct him within five days to use such means as will ex- 
terminate such dangerous diseases or insects, and the owner of 
such nursei'y shall not ship nor deliver any such trees, vines, 
shrubs or plants affected by such dangerous insects or diseases 
until he shall have secured from said inspector a certificate as 
aforesaid. 

(5697) Sec. 2. The owner of such nursery, trees, vines, 
shrubs or plants shall, within the time specified in such notice, 
take such steps for the destruction of such insects or diseases 
as will exterminate the same, and he shall not ship nor deliver 
any such trees, vines, shrubs nor plants affected with such 
dangerous diseases or insects under the penalty of a fine of 
one dollar for every tree, vine, plant or shrub so affected, when 
shipped or delivered from such nursery, which fine shall b(? 
collected by suit by the prosecuting attorney of the county in 
which said nurserv is located. 



ORCHARDS AND VINEYARDS 9 

(5698) Sec. 3. Whenever it shall happen that the state in- in case owner 
spector of nurseries and orchards shall give the notice hereto- [roy hifected' 
fore required to the owner of a nursery, for the destruction of jrees, dutyof 
the insects or diseases mentioned, and said owner shall fail 
or neglect to take the measures necessary for the destruction 
thereof, within the time mentioned in the notice given him, it 
shall be the duty of the state inspector of nurseries and 
orchards to have the proper remedies applied to such nursery 
for the destruction of such diseases or insects, and shall em- May employ 
ploy all necessary assistance and may enter the premises of '^*^^^*'^°<'®- 
said owner of such nursery for the purpose of treating and 
exterminating such insects or diseases and the said owner of 
such nursery shall be liable for the costs of such proceeding, Owner liabie 
for the services of the inspector at a rate per diem to be ***'"*'°^*^- 
fixed by the state board of agriculture, not to exceed three Amount. 
dollars per day, and for such number of days as said board shall 
determine, which said charge must be paid before delivery of 
the certificate in section one of this act. 

(5099) Sec. 4. Whenever any trees, shrubs^ plants or vines Name of con- 
are shipped into this state from another state, country or on package 
province, every package thereof shall be plainly labeled on the ^om^o^ut'or"* 
outside with the name of the consignor, the name of the con- state, 
signee, the contents, and a certificate showing that the contents 
have been inspected by a state or government officer, and that Government 
the trees, vines, shrubs or plants therein contained appear free ISsplcrship- 
from all injurious insects or diseases. Whenever any trees, ™ents. 
shrubs, vines or plants are shipped into this state without such 
certificate plainly fixed on the outside of the package, box or 
car containing the same, the fact must be reported within • 
twentj'-four hours to the state board of agriculture by the rail- 
way, express or steamboat company, or other person or persons 
carrying the same; and anv agent of anv railway, steamboat Violation a 

' ,1 ' '-.,,, misdemeanor. 

or express company, or any other person or persons who shall 
violate the provisions of this section shall be deemed guilty of 
a misdemeanor and upon conviction thereof shall be fined in 
any sum not less than twenty-five nor more than one hundred Penalty. 
dollars, or imprisonment in the county jail not less than five 
nor more than thirty days, or may be so fined and imprisoned in 
the discretion of the court, and any such fine shall be paid to 
the state board of agriculture. 

(5700) Sec. 5. Any person or persons growing or offering when owners 
for sale in this state any trees, vines, shrubs or plants, common- toappiy"o? 
ly known as nursery stock, shall, on or before the first day of S^aiiT °' 
August in each j^ear, apply to the state board of agriculture, license to sen. 
for inspection of said stock under the provisions of this act and 
a license for its sale, and shall deposit with said board a fee of License fee. 
five dollars as a license fee for himself as principal. Such License to be 
license shall be good for one year and shall not be transferable, fear.^'"^*'"® 
and each of such persons, principals, shall execute to the state 
board of agriculture a bond, in the sum of one thousand dollars, Bond, 
with good and sufficient sureties satisfactory to said board, 



10 



LAWS FOR THE PROTECTION OF 



To file list of 
purchasers 
with board of 
agriculture. 



Penalty for not 
filing list. 



Proviso as to 
-who may sell 
or exchange 
trees, etc. 



Foreign firms 
or corporations 
to obtain li- 
cense from 
board to sell 
in this state. 



To file bond 
and certificate 
-with board. 



Upon receipt 
of fee board 
to issue 
license. 



In case of dis- 
pute between 
committee 
and owner as 
to infected 
trees, in- 
spector to 
investigate. 



To recommend 
proper reme- 
dies, decision 
to be final. 



conditioned that he will comply with all the provisions of this 
act, and that upon demand he will file with the state board of 
agriculture, a list of the persons to whom he has sold'or de- 
livered any such nursery stock giving the species together with 
the postoftice address of each purchaser, which list shall be 
held in strict confidence by said state board of agriculture, and 
not be subject to inspection by the public. Failure on the 
I)art of any nurseryman, grower, agent or dealer to comply 
with the provisions of this section shall render him or them 
liable to the penalties of a fine of not more than one hundred 
nor less than twenty-five dollars, or imprisonment in the county 
jail for not more than ninety nor less than thirty days or both 
such fine and imprisonment in the discretion of the court for 
each and every such sale. Such information shall be preserved 
and be for the sole use of the nursery and orchard inspector 
and his deputies: Provided, That the provisions of the preced- 
ing sections shall not apply to persons engaged in fruit grow- 
ing, who are not nurserymen, who desire to sell or exchange 
surplus trees or plants of their own growing. 

(5701) Sec, G. No person, firm or corporation resident of 
another state, province or country shall engage or continue in 
the business of importing any trees, plants, shrubs or vines, 
commonly known as nursery stock, into this state or of selling 
such importations within the state, or of selling such articles 
within the state, for subsequent importation into it, without 
first having obtained from the state board of agriculture a 
license to do business in this state as provided in section five 
of this act, and shall have filed with the state board of agri- 
culture the bond therein required, together with a certificate of 
inspection by a state or government inspector or that of some 
person designated by the Michigan state board of agriculture 
for such purpose, 

(5702) Sec. 7. The state board of agriculture shall, upon 
receipt of the fee referred to in this act, together with the re- 
quired bond and a satisfactory certificate of inspection, issue 
licenses to the applicant according to the provisions of this 
act. 

(5703) Sec, 8. Whenever the commissioners under acts num- 
ber one hundred and eight and one hundred and nine, session 
laws of eighteen hundred and ninety-five, known as yellows 
commissioners, shall be uncertain as to the existence or nature 
of any infectious or contagious disease or dangerous insect 
pest in an orchard or elsewhere, or in case any dispute shall 
arise between owners and commissioners, it shall be the duty 
of said commissioners to notify the state inspector of orchards 
and nurseries, who shall at once investigate or inquire into the 
matter and suggest or recommend the proper remedies, and give 
all the information he can to aid in exterminating such insects 
or diseases, and his decision of the case and recommendation 
shall be final. 



The two acts above referred to are the first two acts of this compilation. 



ORCHARDS AND VINEYARDS H 

(5704) Sec. 9. It sliall be the duty of the state inspector, When may 
whenever it shall come to his knowledge that any destructive Ind^Iifspe'cr^^ 
insects or infectious or contagious diseases exist in any orchard orchards. 

in this state, or are supposed to exist, to investigate the case, 
and if such dangerous insects or diseases are found, he shall 
have authority to enter upon the premises and proceed accord- 
ing to the provisions of sections one, two and three of this act, 
ifl exterminating the same. In case the owner or occupant of in case owner 

r6lUSG tiow 

the premises shall refuse or neglect to comply with the orders to proceed, 
of said inspector within five days, the inspector shall employ 
such aid as may be necessary to carry out his orders and recom- 
mendations, the expense of which procedure shall be certified 
to the township board and by them allowed, who shall cause 
the same to be assessed as a special tax upon the premises 
concerned. 

(5705) Sec. 10, The state inspector of orchards and May a,ppoint 
nurseries shall have power to appoint such number of deputy "^^p"*'®*- 
inspectors as may be required, subject to approval by the state 

board of agriculture. 

(5706) Sec. 11. All expenses incurred under the provisions Expenses 
of this act, not otherwise provided for, shall be audited by the andpr^d.*^*^ 
state board of agriculture, and paid out of the general fund of 

the state, and the auditor general shall draw his warrant for 
the same: Provided, That all moneys collected by the state Proviso as 
board of agriculture, under this act, shall be paid into the coiTecter 
general fund of the state treasury. 



An Act TO PROTECT VINEYARDS, ORCHARDS AND GARDENS, ' 

and to repeal act number one hundred thirty-one, public acts of 
eighteen hundred sixty-nine, entitled "An act to protect vineyards in 
the State of Michigan." being section nine thousand one hundred and 
ninety-five of Howell's Annotated Statutes. 

[Act -79, P. A. 1S95.] 

The People of the ^^tate of Miehk/an enaet: 

(11645) Section 1. That any person who shall enter a vine- Penalty for 
yard, orchard or garden, without the consent of the owner, and wneya^rd, 
pick, take, carry away, destroy or injure any of the fruits, o^ga^d^enr 
vegetables or crops therein, or in anywise injure or destroy any 
bush, tree, vine or plant, shall be guilty of a misdemeanor, and 
on conviction thereof shall be punished by imprisonment in 
the county jail not more than three months, or by fine not less 
than one nor more than one hundred dollars, or by both such 
fine and imprisonment, in the discretion of the court. 

Am. P. A. 1899, Act 61, p. 97. 

How. 9175, Sec. 2 repeals Act 131 of 1869. 



12 



LAWS FOR THE PROTECTION OF 



An Act to prevent the wilful and malicious DESTRUCTION OF 
FRUIT, SHADE OR ORNAMENTAL TREES. 



Wilful and 
malicious in- 
jury to fruit or 
shade trees, 
how punished. 



[Act 52, S. L. 1S53.] 

The People of the State of Michigan enact: 

(11646) Section 1. That every person who shall willfully 
and maliciously, or wantonly and without cause, cut down or de- 
stroy or otherwise injure any fruit tree or trees, or any other 
tree or trees, not his own, standing or growing for shade or 
ornament on the land of another, the damage for which said 
cutting down, destruction or injury to the owner or owners of 
said tree or trees shall amount to the sum of tw^enty-five dol- 
lars, shall be punished by imprisonment in the state prison not 
exceeding five years, or by imprisonment in the county jail not 
exceeding one year, or by fine not exceeding five hundred 
dollars, in the discretion of the court. 

How. 9193. 



An Act to prevent the wrongfvil taking, detaching from the ground, or 
INJURING ANY FRUIT TREE, SHADE TREE, ORNAMENTAL 
SHRUB, PLANT, VINE, OR VEGETABLE. 

[Act 174, S. L. 1S55.] 

The People of the State of Michigan enact: 



Wrongful tak- (11647) SECTION 1. That any person who shall wrongfully 
trees, etc.', how take and carry away from any place, any fruit tree, ornamental 

punished. 



Proviso. 



tree, shade tree, ornamental shrub, or any plant, vine, bush, or 
vegetable there growing, standing, or being, with intent to 
deprive the owmer thereof, or who shall without right and with 
wrongful intent, detach from the ground, or injure any fruit 
tree, ornamental tree, shade tree, ornamental shrub, or any 
plant, vine, bush, or vegetable, shall be guilty of a mis- 
demeanor, and on conviction thereof be punished by imprison- 
ment in the county jail not more than six months, or by fine 
not exceeding two hundred and fifty dollars, or by both such 
fine and imprisonment, in the discretion of the court: Pro- 
vided, That when the damage to the owner does not exceed the 
sum of twenty-five dollars, the punishment shall be a fine not 
exceeding one hundred dollars, or imprisonment in the said jail 
not exceeding three months, or by both such fine and imprison- 
ment, in the discretion of the court. 

How. 9194, Am. 1S75, Act 202. 



ORCHARDS AND VINEYARDS 13 

An Act to prevent TRESPASS UPON CRANBERRY MARSHES. 
[Act 38, S. L. 1869.] 

The People of the State of Michigan enact: 

(11643) Section 1. That if any person shall enter the Penalties for 
premises of any other person, and take and carry away cran- ''^^p'*^*- 
berries or cranberry vines there growing, shall trample or 
otherwise injure or destroy the cranberry vines growing there- 
on, without the permission of the owner or occupant of said 
premises, such person shall be deemed guilty of a misdemeanor, 

and on conviction thereof, shall be punished by imprisonment 
in the county jail not less than five days, or by fine not less than 
five dollars, and costs of prosecution, or both such fine and 
imprisonment, in the discretion of the court; and if any of the Further penai- 
offenses mentioned in this section shall be committed on the 
first day of the week, or in disguise, or secretly in the night- 
time, between sunsetting and sun-rising, on conviction thereof 
the punishment shall not be less than twenty dollars fine, or 
imprisonment in the county jail not less than ten days, or both, 
at discretion of the court. 

How. 2223. 

(11644) Sec. 2. Any person who shall commit any of the Treble dam- 
acts of trespass in section one of this act, shall be liable in *^®^' 
treble damages, in an action of trespass to be brought in the 

name of the owner or occupant of the land upon which said 
trespass may have been committed. 

How. 2224. 



